2011-159B - Laserfiche WebLink

Home Browse Search

TERMS AND CONDITIONS — PART 1 AGREEMENT ARTICLE 1 DESIGN/BUILDER § 1 . 1 SERVICES § 1 . 1 . 1 Preliminary design , budget , and schedule comprise the services required to accomplish the preparation and submission of the Design/Builder's Proposal as well as the preparation and submission of any modifications to the Proposal prior to execution of the Part 2 Agreement . § 1 . 2 RESPONSIBILITIES § 1 . 2 . 1 Design services required by this Part 1 Agreement shall be performed by qualified architects and other design professionals . The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder. § 1 . 2 . 2 The agreements between the Design/Builder and the persons or entities identified in this Part 1 Agreement , and any subsequent modifications , shall be in writing . These agreements , including financial arrangements with respect to this Project , shall be promptly and fully disclosed to the Owner upon request . § 1 . 2 . 3 Construction budgets shall be prepared by qualified professionals , cost estimators or contractors retained by and acting in the interest of the Design/ Builder. § 1 . 2 . 4 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees , subcontractors and their agents and employees , and other persons , including the Architect and other design professionals , performing any portion of the Design/Builder's obligations under this Part 1 Agreement . § 1 . 2 . 5 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law , the Design/Builder shall notify the Owner in writing . Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law . § 1 . 2 . 6 Nothing contained in this Part 1 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder. § 1 . 3 BASIC SERVICES § 1 . 3 . 1 The Design/Builder shall provide a preliminary evaluation of the Owner's program and project budget requirements , each in terms of the other. § 1 . 3 . 2 The Design/Builder shall visit the site , become familiar with the local conditions , and correlate observable conditions with the requirements of the Owner' s program , schedule , and budget . § 1 . 3 . 3 The Design/Builder shall review laws applicable to design and construction of the Project , correlate such laws with the Owner' s program requirements , and advise the